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Showing 51 - 60 of 276 results

  • Posts

    First Amendment

    FAC Urges Immediate Dismissal of Charges Against Victorville City Council Member Arrested During Meeting

    Contact: fac@firstamendmentcoalition.org The First Amendment Coalition is calling for immediate dismissal of charges against Victorville City Council Member Blanca Gomez, who was removed from the council's meeting on February 21, 2023, arrested, and booked into jail. FAC Legal Director David Loy sent a letter to the city council, copied to the San Bernardino County […]

    February 24, 2023

  • Asked and Answered

    CPRA

    Can I use information revealed in closed session, or is it privileged?

    […] its requirement that all legislative deliberations occur in open session, one of which is "to consider the…performance, discipline, or dismissal of a public employee."  Gov’t Code § 54957(b). If the meeting in question was to discuss disciplinary action, the Board may have properly met in closed session, but was required to post an agenda […]

    September 1, 2016

  • Asked and Answered

    Brown Act

    Closed Sessions under the Brown Act

    […] about the general nature of the closed session discussion in advance.  The Brown Act authorizes a closed session to discuss the appointment, employment, evaluation of performance, or dismissal of a public employee.  In each of these cases, the agenda must specify the type of business to be discussed (i.e., appointment, employment, performance evaluation, or […]

    June 14, 2009

  • Latest News

    Blog

    NSA surveillance case reflects a growing distrust in the federal judiciary

    […] rendition" program. The state secrets privilege is the mother of all government privileges because it typically requires, not merely the exclusion of certain evidence, but the outright dismissal of the lawsuit—even if the plaintiff's claims have merit. It's as though the government is saying, in response to the plaintiff's legal complaint: Yes, you're charges […]

    June 2, 2009

  • Asked and Answered

    Brown Act CPRA First Amendment

    Unposted Supporting Documents and Public Comment on those Documents

    […] the body, are disclosable public records under the California Public Records Act . . ., and shall be made available upon request without delay."  Govt. Code Section 54957.5.  The language of Section 54957.5 would strongly suggest that you should have been entitled to the findings as soon as they became available, and certainly by […]

    June 14, 2009

  • Asked and Answered

    Brown Act CPRA

    Closed Sessions and Permissible Topics

    […] negotiations. With respect to the disclosures of closed session actions and written materials when the sessions were held pursuant to the pending litigation exception, Government Code § 54957.1 provides that "pproval given to the body's legal counsel of a settlement of pending litigation . . . shall be reported after the settlement is final...."  […]

    June 14, 2009

  • Asked and Answered

    Brown Act CPRA

    Does short notice of public hearing invalidate contract?

    […] posted at least 72 hours before each regular meeting, and must be orally disclosed in an open session held before the closed session.Gov't Code §§ 54954.2(a), 54956, 54957.7. The Act also provides that "ny person may request that a copy of the agenda, or a copy of all the documents constituting the agenda packet, […]

    June 23, 2010

  • Asked and Answered

    Brown Act

    When should “anticipated litigation” be agendized?

    […] Tort Claims Act or some other written communication from a potential plaintiff threatening litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5. (D) A statement made by a person in an open and public meeting threatening litigation on a specific matter within the responsibility of the legislative body. […]

    February 3, 2014

  • Asked and Answered

    Brown Act

    Planning a Closed Session to Allow Confidential Documents

    […] meeting of the body, are disclosable public records under the California Public Records Act," ("PRA"), unless one of the PRA’s exemptions from disclosure applies. Cal Gov’t Code 54957.5. Essentially, this provision serves as an overlay to the Public Records Act, by removing an agency’s ability to rely on the PRA’s catch-all exception in those […]

    June 14, 2009